Usancen Blog
OGH: On the Inherent Unity of Testamentary Dispositions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...
OGH: Giphy Takeover by Facebook Permitted
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH), as the highest cartel court, has confirmed non-prohibition of the takeover of the GIF platform Giphy by Meta Inc (Facebook), but subject to certain requirements. Facebook parent Meta Inc bought ...
VfGH: Compulsory Vaccination Act Is Constitutional
Public LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has declared the COVID 19 Compulsory Vaccination Act to be in conformity with the Austrian Constitution. An appellant from Vienna argued in summary that the available vaccines were unsu...
New Vertical BER in Place
Corporate LawThe EU Commission's new Vertical Block Exemption Regulation (Vertical BER) has been in force since 1 June 2022. It replaces the previous regulation from 2010. The main changes are briefly outlined in the following: Two-way Distribution (Article 2(4))...
ECJ: Without a realistic terrorist threat, passenger data is taboo
European LawThe European Court of Justice (ECJ) has ruled: The permission to process and transfer so-called PNR data (Passenger Name Record) for flights crossing an external EU border is to be interpreted very narrowly. Without a current and real terrorist threa...
Germany: Will YouTube be held liable for its users in the future?
Civil LawThe German Federal Supreme Court (BGH) has recently had to decide, among other things, on the liability of the operators of YouTube, an internet platform, for copyright infringements committed by third parties using this service. In the future and un...
OGH on the Right to Choose between Obtaining a Remedy or a Refund
Civil LawThe Austrian Supreme Court (OGH) has more precisely explained when buyers are bound by their choice between obtaining either a remedy or a refund of the purchase price (Section 932 Austrian General Civil Code). The plaintiff bought a new car from the...
OGH Defines ‘Significant Remodelling Measures’
Civil LawWhen a consumer enters into contracts with different businesses for ‘significant remodelling measures’, each agreement is to be assessed separately. Individual contracts do not constitute a ‘substantial remodelling measure’ within the meaning of Sect...
OGH: Arbitrary Actions with Disputed Funds
Civil LawSums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...
EU Changes Requirements for Sanctions Enforcement
Public LawIn connection with the Russia sanctions, the European Union has recently imposed stricter requirements on member states regarding the enforcement of sanctions and the punishment of sanctions violations. Art 8 (1) of Regulation 833/2014 as amended and...
BMJ: Corporate Digitization Act under Review
Corporate LawThe Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted the Company Law Digitization Act for review which is designed to implement European Company Law Digitization Directive 2019/1151. When establishing a GmbH (pri...
Germany: New SDG I for Effective Implementation of Sanctions
Civil LawThe new German Sanctions Implementation Package I (SDG I) was announced on May 28, 2022. It is intended to enable a more effective enforcement of EU sanctions imposed against Russia. The SDG I changes the existing Foreign Trade and Payments Act, the ...
BMK: Electricity price cost compensation under review
Public LawRecently, the federal government announced a comprehensive anti-inflation package. Part of this is to compensate for the increased electricity costs for particularly energy-intensive companies. The Ministry of Climate Protection (Klimaschutzministeri...
DE: Schufa - Data processing after termination of insolvency proceedings
Civil LawThe German Higher Regional Court (Oberlandesgericht, OLG) of Schleswig-Holstein ruled: Schufa is allowed to process the data of an insolvency debtor for a maximum of six months after the insolvency proceedings have been cancelled. In March 2020, the ...
OGH: Rent reduction to zero for "bakery-cafe" in lockdown
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that a "bakery-cafe" in an industrial zone did not have to offer a delivery or pick-up service during a lockdown, which meant that the property was completely unusable. The plaintiff is the...
OGH on the obligation to strew salt and clear a too-wide pavement
Civil LawA property owner is obliged to strew salt/gravel and clear a pavement over its entire width, provided that the pavement boundary facing away from the road is not more than 3 metres away from his property. This also applies to a pavement wider than 3 ...
OGH: On the duty of an endowment recipient to provide information
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the right to information under Section 786 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) in the version of the Inheritance Law Amendment Act (Erbrechts-Ände...
BVwG: No penalty for ex-ÖVP government member
Criminal LawIn the case at hand, the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) ruled that the right of the former government member to refuse to testify was admissible, as he was able to prove the risk of criminal prosecution. In the...
The end for gas heating: Renewable Heat Act under review
Public LawThe Ministry of Climate Protection (Klimaschutzministerium, BMK) has submitted the draft of the Renewable Heat Act (Erneuerbare-Wärme-Gesetz, EWG) for review. It is intended to initiate the phase-out of fossil-fuel heating systems. In new buildings, ...
OGH on the duty of care of a whirlpool owner
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the duty of care of a whirlpool owner. At a party, the plaintiff had suffered legionella pneumonia due to the whirlpool. The legionella formed due to a biofilm, as t...
OGH: Drunkenness not a "daily life hazard"
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event. In the original case, the son of the liability-...
OGH on designed speed in the EKHG
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an electric forklift whose maximum speed is electronically limited to less than 10 km/h does not fall within the scope of the Railway and Motor Vehicle Liability Act (Eisenbahn- un...
OGH: Claim for payment by electricity producer in event of bottlenecks
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed, among other things, a producer's claim for payment in case of measures against power bottlenecks ordered by control area managers. The defendant is a control area ...
DE: Wirecard annual financial statements for 2017 and 2018 void
Banking LawWirecard's financial statements for 2017 and 2018 as well as the resolutions on the appropriation of profits at the associated annual general meetings are null and void. This was the decision of the Munich Regional Court I (Landgericht München I) in ...
DE: In case of damage to health - no shortening of the warranty claim
Civil LawA shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...
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